As your child develops, they could make poor decisions that land them in severe legal trouble. When minors between twelve and seventeen years old are arrested for violating California law, their case will be tried under the juvenile court system. The minor will undergo court hearings before the judge determines whether the child committed the alleged offenses and sustains or dismisses the juvenile petition.
If enough evidence shows that the child violated California law, the judge will sustain the juvenile petition against them and schedule a disposition hearing. At this hearing, the judge uses different factors of the child’s case to determine the most appropriate rehabilitative measures. Although juvenile dispositions are for education and rehabilitation, being tied to the court system can significantly affect the child’s life.
At Desert Defense Lawyers, we understand how a sustained juvenile petition can affect your child’s life and future. Our skilled attorneys can guide your child through the juvenile justice system and fight for the most lenient disposition. We serve clients seeking legal guidance and representation to fight juvenile delinquency charges in Palm Desert, CA.
An Overview of the Juvenile Disposition Hearing in California
A disposition hearing is the last hearing that your child will attend for their juvenile delinquency case. It acts as the sentencing phase for juvenile court cases. The hearing is held after the juvenile has undergone a disposition hearing and the judge sustains a juvenile petition against them.
Unlike in adult court, where the outcome of a conviction is punishment, juvenile dispositions aim to rehabilitate, educate, and treat the juveniles. Not all minors are released to go home while the juvenile court hearings proceed. If your child is a threat to the safety of others or a high flight risk, they may be held in juvenile detention until the outcome of their case is determined.
If your child is in legal custody, the disposition hearing must be held within ten days of the adjudication hearing. This ensures that the juvenile does not spend unnecessary time in detention.
In cases where the juvenile court has everything it needs about your child’s case, the disposition hearing is held shortly after the adjudication hearing. However, the hearing could be postponed under the following circumstances:
The Probation Officer Has not Provided Their Report
The probation department plays a significant role in juvenile delinquency, from arrest to disposition. When your child faces an arrest and detention in juvenile hall, the probation department will take over. The probation officers will also investigate the child's living situation to ascertain the root cause of their delinquent acts.
Before the judge issues a disposition, they must consider a report written by the probation department. The probation officers in charge of your child’s case will recommend appropriate rehabilitative measures. If the probation department has not submitted a report, the disposition hearing will be pushed to a later date.
The Judge Awaits a Psychological Report
A juvenile’s mental and emotional state may determine the most suitable disposition. Therefore, the child will undergo a mental and psychological evaluation before the dispositions are imposed. The court can adjourn the hearing if mental examination results have not been submitted.
The Court Awaits You to Submit Relevant Documentation
Before your child is sent for different dispositions for their juvenile crimes, you will have a chance to present relevant documentation that can show them in a good light. If you request to present these documents, the court can postpone the disposition hearing and give you time to bring them.
Preparing for the Disposition Hearing
The court will schedule a disposition hearing after the judge sustains a juvenile petition against a minor. Often, this hearing follows the adjudication phase of the juvenile delinquency case. The anticipation of the disposition hearing can be nerve-wracking for the minor and your entire family.
Some of the tips to help your child prepare for this hearing include:
- Know the hearing venue. The court will notify you of the date, location, and time of the child’s disposition hearing. If you haven’t been to the area, you can visit before the hearing to ensure you do not miss it.
- Arrive on time. On the date of the disposition hearing, you must ensure that the juvenile arrives on time. Being punctual and present could give the juvenile a good image in court.
- Act appropriately in court. Your child’s attorney will guide them on how to act during the disposition and other juvenile delinquency hearings.
- Be attentive. The juvenile court judge divulges a lot of information at the juvenile disposition hearing. The minor should be attentive to the ordered dispositions. This will help them properly follow orders or find grounds for appeal.
Factors the Judge Considers When Determining Appropriate Juvenile Dispositions
Different dispositions are available for juvenile delinquents after a sustained petition. Before the judge determines and orders the appropriate dispositions, they could consider the following factors:
The Child's Age
Younger children are less likely to understand the nature and consequences of their criminal acts than their older counterparts. For this reason, the judge may impose more lenient dispositions, like informal probation, on younger children. For example, detention in the Division of Juvenile Justice will only be an option if the delinquent is over fifteen. This is because the detention could be too harsh for younger juveniles.
The Severity of the Child's Charges
In California, minors commit all sorts of crimes. A juvenile can be arrested and charged for crimes ranging from minor infractions like violation of curfew to severe felonies like murder, rape, and arson. The seriousness of the crimes committed by your child and the circumstances of their case can dictate the type of disposition they will face.
The Presence of Mitigation Arguments
A skilled juvenile delinquency attorney can present mitigating factors in your child’s case. Mitigating factors are case circumstances that reduce the gravity of the offense for the court. The presence of mitigating factors in the child's case can convince the court to issue a more lenient disposition.
The Juveniles Past Delinquent Record
California law is strict on repeat offenders, even in juvenile court. Before issuing juvenile dispositions, the court will look into the child’s criminal history. Being a repeat offender may indicate a child’s inability to be rehabilitated, prompting harsher dispositions.
Mental and Psychological Status of the Juvenile
Your child will undergo a mental and psychological evaluation before a disposition hearing. Often, these evaluations help the court determine the factors that could have contributed to the child’s delinquent acts. Minors found to be mentally unstable will receive dispositions that offer room for mental rehabilitation and treatment.
Common Juvenile Disposition Options
Potential dispositions that your child could receive after a sustained juvenile petition in California include:
Informal Probation
Your child could be sentenced to informal probation if they are found to have committed a minor offense. Informal probation, or a diversion program, is served while the minor remains at home and continues attending school. Offenses that could result in this disposition include simple trespass and shoplifting. When the juvenile completes probation, the case will be dismissed.
Although informal probation is served at home, the probation officers will develop a counseling and rehabilitation program for the child. As a parent or guardian of the juvenile delinquent, you must ensure they do not engage in further criminal acts while on informal probation.
Formal Probation
Formal probation is a much more severe disposition than informal probation and is served at home, in a group home, or in a juvenile camp. The court’s decision to place your child on formal probation will significantly depend on the circumstances of the child’s case. Formal probation will last for a maximum of one year, and the judge can impose the following conditions for the juvenile to follow:
- Compulsory school attendance
- Strict curfew rules
- Victim restitution
- Community service
- Substance abuse treatment and counseling
As the minor’s parent or guardian, you will be responsible for paying for financial obligations like victim restitution.
Deferred Entry of Judgment
With a DEJ disposition, the court will require the juvenile to plead guilty to their charges and enter the deferred entry of judgment program. Different rehabilitation, education, and treatment programs are used to create this program. After the minor has completed the programs, the court will dismiss their case.
Minors whose cases ended in the DEJ will not have a criminal record and will not need to petition the court for the sealing of their records. A DEJ disposition is common for juveniles charged with committing minor offenses.
Detention at a Division of Juvenile Justice
DJJ detention is a juvenile's harshest disposition after a sustained petition. Thus, this type of disposition is common for juveniles facing charges for serious and violent felonies. Minors who undergo a transfer hearing but remain in juvenile court will likely be sentenced to this disposition.
A minor who faces this disposition will be detained in a DJJ facility for up to two years or until they turn twenty-three. Your child's placement in a DJJ will depend on the availability of programs to meet their needs. During detention, the court will offer treatment and rehabilitation programs to make minors productive members of society.
Juvenile Delinquency Hearings Before a Disposition Hearing
The disposition hearing will be the last stage of a juvenile delinquency case unless the minor appeals the court’s decision. Before the case reaches this stage, the following hearings will be held:
Detention Hearing
A detention hearing is the first hearing held by the juvenile court after a minor has been arrested and charged with violating California law. The detention hearing is held for juveniles in the detention hall and those allowed to go home after the arrest.
Bail is not an option in juvenile court. Instead, the court holds the detention hearing to determine whether your child will be released while their juvenile case is pending. At the detention hearing, the court will consider several factors in your child’s case to make a decision, including:
- A child's criminal history
- The juvenile's flight risk
- Whether the minor is a risk to community safety
- The suitability of the child’s home environment
Adjudication Hearing
An adjudication hearing serves as a trial in juvenile court. At this hearing, the district attorney must prove beyond a reasonable doubt that your child committed the crime for which they are charged. When the district attorney presents their case, your child’s defense attorney can present a defense.
This could be done by presenting witness testimony and physical evidence or allowing the juvenile to testify on their behalf.
After the judge has assessed the prosecution and defense sides, they will either sustain or dismiss the juvenile petition. If your child is found to have committed the crimes they are charged with, the case will proceed to the disposition hearing.
Frequently Asked Questions on the Juvenile Disposition Hearing
When your child faces the juvenile justice system, you may be worried about the outcome of their case and the punishment the court is likely to impose.
The following are frequently asked questions at the detention hearing:
What Happens After a Disposition Hearing?
At a disposition hearing, the juvenile court will impose the most appropriate punishment for a minor given the circumstances of their case and the severity of their crimes. If you are not satisfied with the outcome of your child’s case or believe their rights were violated in the juvenile court process, you can have the minor’s attorney file an appeal.
An appeal in juvenile court must be filed within sixty days of the juvenile disposition hearing. The basis of the appeal could be:
- Your child is factually innocent of the alleged crimes.
- The disposition handed down by the court was unacceptable, given the circumstances.
- The juvenile court violated your child’s constitutional rights.
In addition to appealing the court's decision, the attorney can request that the court adjust the disposition if the circumstances of the child's case change.
Can My Child Be Sentenced to Adult Court?
Crimes committed by children between the ages of twelve and seventeen are charged in juvenile court. The juvenile justice system believes these individuals lack a full understanding of their actions. For this reason, the dispositions in juvenile court are lenient and aimed at rehabilitation instead of punishment.
However, there are times when your child could be charged, convicted, or charged as an adult. This occurs when the minor is charged with a serious offense like murder, rape, sodomy, carjacking, and other felonies. A minor must be at least fifteen years old when they commit a crime to be charged as an adult. The juvenile court will hold a transfer hearing before your child is charged as an adult. The following factors will be considered before the transfer:
- The severity of the charges against the child
- The child’s degree of criminal sophistication
- The availability of rehabilitation programs for the child in juvenile court
- The success of previous attempts to rehabilitate the child
After a conviction in adult court, the minor will face the same punishment as adult criminals. This means that your child could face incarceration, fines, and probation. If your child is eligible to be charged in adult court, you must hire a skilled criminal lawyer to ensure they remain in juvenile court.
Does a Sustained Juvenile Petition Remain on My Child’s Criminal Record?
The juvenile court will hold a disposition hearing to sentence a juvenile delinquent after a sustained petition. This means that the child is found to have committed the crimes for which they are charged. Unlike popular belief, a sustained juvenile disposition will not disappear from your child’s case when they turn eighteen.
Instead, the juvenile must file a petition to seal and destroy the record. Sealing a juvenile record protects the child from the disabilities associated with their past crimes. When the record is sealed, it cannot be used to deny the juvenile a job, professional licensing, or even residency.
Sealing a juvenile record means destroying court, probation, and arrest records. It involves filing a petition with the court and attending a record-sealing hearing.
Find a Reliable Defense Lawyer Near Me
Crimes committed by minors under eighteen years of age are charged and tried in juvenile court. The juvenile justice system aims to rehabilitate these minors and make them law-abiding citizens. The purpose of a disposition hearing is for the court to determine the appropriate punishment and rehabilitation measures for a juvenile whose petition has been sustained.
The court will consider factors like the child’s age, severity of offenses, and mental ability to determine the proper disposition. Juvenile dispositions range from informal probation served at home to severe punishment like detention in the juvenile justice system. After the dispositions are served, the sustained petition can remain on the child’s record until they take appropriate steps to have it sealed or destroyed.
If your child faces arrest and juvenile charges, you should hire and retain a reliable defense attorney. At Desert Defense Lawyers, we offer top-notch legal guidance for our clients facing juvenile delinquency charges in Palm Desert, CA. Contact us at 888-293-0396 for much-needed legal insight.
